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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs FERNANDA CURIONE, 07-005472 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-005472 Visitors: 40
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: FERNANDA CURIONE
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Dec. 03, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 29, 2008.

Latest Update: Nov. 16, 2024
+ F0r1Us Demasiment oF 2 thideen & Farnitles . ‘ - Charlie Crist State of Florida :7 8 F Governor i ' ilies Department of Children and Familie Robert A. Butterworth TDEC-3 pp 304 Secretary John K. Cooper Regional Director me November 1, 2007 OTs"! eZ Certified Mail #:70031680000189277357 Fernanda Curione Return Receipt Requested 1476 Hempel Ave. Windermere, FL 34786 Fernanda Curione Certified Mail #:70031680000189277364 3831 Shadowind Way Return Receipt Requested Gotha, FL 34734 _ Soy RE: Registered Family Day Care Home, Provider ID RO7OR0190. Noy 9 Dear Ms. Curione: The purpose of this letter is to advise you of that the Department is imposing a $2300.00 administrative fine against you, and that your registration to operate a family day care home is being revoked because you have violated the provisions of Chapter 402, Florida Statutes, and Chapter 65C-20, Florida Administrative Code, as follows: a. You have been operating a registered family day care home at the 1476 Hempel Avenue address for several years. Your registration was most recently renewed on August 17, 2007. b. Subsequent to the renewal of your registration the Department learned that you were no longer residing at the registered address and had not been for approximately 2 years. This is based upon your own admission during a meeting with licensing officials on October 29, 2007. Therefore, the home does not qualify to operate as a registered home. c. During the October 26 inspection the Department discovered the home was essentially being operated as an unlicensed childcare facility. There were 25 pre-school aged children present and you had 4 unscreened employees there providing care for the 25 children. For this violation the Department is imposing a $2300.00 fine - $1900.00 for the 19 children for which you were over ratio and $400.00 for the 4 unscreened employees. The Department also learned that you had a total of 35 children enrolled at your registered family day care home/unlicensed child-care facility. 400 W. Robinson Street, Suite $1114, Orlando, Florida 32801 Telephone (407) 245-0530 Facsimile (407) 245-0574 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and d. The Department attempted a re-inspection on October 30, 2007, but found the home unoccupied and no one was there providing child care services to children, e. Since you no longer tive in th e registered address, the home cannot qualify as a registered family day care home and your registration h ereby revoked. Please note that pursuant to section 402.310, Florida Statutes, the Department may deny, suspend, or revoke a license or registration for a vialation of any provision of ss. 402.301 — 402.319, or the rules adopted thereunder. Any party whose substantial interests are affected by the determination to revoke has a right to request an administrative proceeding pursuant to section 120.57, Florida Statutes, and rules promulgated pursuant thereto. The request must be received-within twenty-one (21) days of receipt of this notice. The request must be in writing, addressed to: T. Shane DeBoard Chief Legal Counsel 400 W. Robinson Street, $1114 Orlando, FL 32801 Pursuant to Florida’Statute 120.569(2), your request must contain at least the following information: 4. The name and address of each agency affected and each agency's file or identification number if known 2. The name, address and telephone number of the person who is asking for the hearing (the petitioner) 3. The name, address and telephone number of the petitioner's representative, if any 4. Anexplanation of how the petitioner's substantial interest are or will be affected by the agency decision 5. A statement of when and how the petitioner received notice of the agency decision 6. Astatement either that the petitioner does not dispute the facts upon which the district relied in making its decision OR a statement that the petitioner does dispute those facts along with a list of the facts in dispute 7. If facts are in dispute, a statement of the facts as the petitioner perceives them to be 8. Astatement of the specific rules or statutes that the petitioner believes require the agency to reverse or modify its decision 9. Astatement saying what action the petitioner wants the agency to take in the matter eemed a waiver of any right to a Failure to make a timely request for a hearing shall be d cision shall become a final agency — Section 120 57, Florida Statutes proceeding and this de decision. to operate at the registered address the Department will take Lastly, if you continue t forth in section 402.312, Florida Statutes. appropriate action to stop the operation as se Sincerely, Patricia Richardson, Supervisor Child Care Licensing

Docket for Case No: 07-005472
Source:  Florida - Division of Administrative Hearings

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